Who Is at Fault in a Passenger Side Car Accident- NY Law
- Alex Maltese
- 6 days ago
- 6 min read
In New York, a passenger-side car accident can be totally devastating. It is a confusing and stressful time for those who have been injured or those who have sustained a lot of property damage.
It doesn't matter where the accident happened; following a passenger-side car accident, the victim has the right to seek compensation from the at-fault party.
Working with an experienced personal injury attorney is crucial. The Law Office of Carl Maltese is ready to take on any car accident case where a person was injured.
They can help determine who is at fault in a driver side car accident NY; they understand how to negotiate with insurance companies, and they can help an injured person file a personal injury claim in order to get the fair compensation that they deserve.
Understanding Passenger-Side Car Accidents
A passenger-side car accident is known as a T-bone accident or a side-impact collision. They occur when one vehicle hits the side of another vehicle, and in this case, it's on the right hand side of the car where the passenger sits.
Like a rear end collision, these commonly happen at intersections, though they can certainly happen in other places, such as on the LIE or Sunrise Highway when someone is failing to pay attention when changing lanes or distracted.
Since the sides of the vehicle doesn't offer as much protection as the front or rear of the car, when compared to a rear or head on collision, these often have more serious injuries that include:
Traumatic brain injuries
Broken bones
Internal bleeding
Spinal injuries
Death
Common Causes of Passenger Side Collisions in NY
Passenger-side car accidents in New York are almost always caused by driver negligence.
Some of the most common causes of a passenger-side motor vehicle accident are:
Failure to Yield
Drivers who run a red light, ignore stop signs, or who don't yield while making a turn can easily hit another driver on the passenger side and cause an auto accident.
Unsafe Lane Changes
Traffic laws in New York state that drivers must use a signal when changing lanes or merging. Failing to do this is considered an unsafe lane change, and it often causes accidents when either the driver in the other lane, or the driver making the merge isn't paying attention.
Distracted Driving
Texting, using a GPS system, adjusting the radio, or otherwise not paying attention to the road increases the risk of a side-impact accident.
Speeding or Aggressive Driving
Driving at high speeds reduces the reaction time of the driver, and this often leads to a side collision.
Impaired Driving
Drivers who are impaired and behind the wheel greatly increase the chance of a passenger side collision.
Determining Who Is at Fault in a Passenger Side Car Accident in NY
In New York, fault is based on negligence. This means that the driver who failed to operate their vehicle with reasonable care is the driver responsible for the accident.
When trying to establish fault, often the following is taken into consideration:
Traffic camera footage
Witness testimony
Police reports
Vehicle damage
Road conditions and skid marks
Analysis from an accident reconstruction specialist
Passenger Side Collision Scenarios and Liability
Here are some common scenarios and how liability can occur:
Intersection Collisions
Oftentimes, a driver will run a red light or stop sign, moving into oncoming traffic.
In this case, the driver who pulled into traffic and entered the intersection illegally, it's likely that the turning driver will be found at fault.
Lane Change Accidents
When changing lanes or merging into traffic, it's also possible for a vehicle to hit another on the passenger side.
In these cases, right of way is given to the driver in the lane, not the merging car. Thus, the at-fault driver is usually found to be at fault. The Law Office of Carl Maltese can also advise on who is at fault in a single vehicle car accident NY.
Parking Lot or Driveway Exits
Drivers who are pulling out of driveways or parking lots also can hit another car on the passenger side. This is often caused by malfunctioning brake lights or non functioning brake lights.
Again, the car in the parking lot aisle or on the street has the right of way. The other vehicle in the parking spot, does not.
Multi-Vehicle Accidents
If there are multiple parties involved, such as in a chain-reaction collision or a multi-car collision, liability is often shared between more than one driver.
If several vehicles collided in a car crash, a full investigation must be done to assign fault to every vehicle involved.
New York’s No-Fault Insurance Law and Passenger Side Accidents
New York is a no fault state. This means that when in an accident, all parties will first make a claim with their own insurance company for medical expenses and lost wages.
Every person can claim up to $50,000 in a car accident claim (Personal Injury Protection). However, this only applies to economic losses.
If there are serious injuries, securing fair compensation from the at-fault driver is possible.
The at-fault driver's insurance may cover:
Emotional distress
Pain and suffering
Loss of future earning capacity
Long-term medical care
What a Passenger Should Do if Injured in a Side-Impact Crash
If a passenger is injured in a side-impact crash, they have specific rights, and they can seek additional compensation from more than one driver.
They can sue:
The driver of the vehicle they were in, if they were at fault
The other driver, if they caused or contributed to the accident
Multiple drivers, if more than one driver was found to be at fault after establishing liability
Passengers may also be considered liable themselves if the accident occurred due to an action that they did, such as grabbing the steering wheel.
This is very uncommon, though, and in most cases, they can pursue compensation through a personal injury lawsuit.
Comparative Negligence in NY Passenger Side Accidents
New York follows a pure comparative negligence rule. This means that even if a person is found to be partially responsible for the accident, they can still recover compensation.
However, the award will be reduced by the percentage of fault.
For instance if you are found to be 20% at fault, and the damages are $100,000, a victim can get $80,000.
Proving Fault in Passenger Side Accidents: What You Need
To successfully prove that the other party was at fault in a side-impact collision, an attorney will do the following:
Get photos and videos of the accident scene
Get photos and videos of the vehicle damage
Medical records of injuries
Witness statements
Police reports
Expert testimony
Working with a personal injury attorney can ensure that all evidence and other relevant factors are thoroughly examined and used to get a fair outcome.
What to Do After a Passenger Side Car Accident in NY
Following a car accident, it's important to do the following:
Call 911 and seek immediate medical attention. Even if injuries aren't immediately present, they could appear later.
Document the scene, if possible, with videos and photos
Exchange contact information with all drivers involved, including insurance information
Get contact information from witnesses and collect their contact information
Don't admit fault, and don't share details of the situation, specifically with others or on social media
Contact a persona injury attorney quickly to preserve evidence and strengthen your claim
How a New York Personal Injury Lawyer Can Help
It's not always clear who caused a passenger side car accident in NY.
Following an accident, insurance companies will try to deflect blame and minimize compensation.
This is why hiring a vehicle accident lawyer in Long Island is so important.
They help by doing the following:
Investigating the cause of the crash
Determining fault based on New York law
Negotiate with insurance companies
Represent the client in court
Maximize compensation for injuries, including pain and suffering
Get a Free Consultation from the Law Office of Carl Maltese
Passenger-side car accidents can be extremely serious, and it gets complicated when determining liability in these cases. Those who have been a victim in a car accident like this has rights.
In order to make sure a person's rights are protected, they should have a strong legal team at their side.
The Law Office of Carl Maltese is a Long Island based firm that has been helping accident victims and their families get the compensation they deserve following a passenger-side car accident.
The team can help with proving liability and ensure that those with significant injuries get the compensation that they are due.
New York's no-fault system can be confusing and complex, but the Law Office of Carl Maltese can help.
Free consultations are available, so call today.